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Extract from the National Native Title Register

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Extract from the National Native Title Register Extract from the National Native Title Register Determination Information: Determination Reference: Federal Court Number(s): QUD6115/1998 NNTT Number: QCD2014/009 Determination Name: Elizabeth Dempsey & Ors on behalf of the Bularnu Waluwarra & Wangkayujuru People v State of Queensland & Ors Date(s) of Effect: 27/05/2014 Determination Outcome: Native title exists in the entire determination area Register Extract (pursuant to s. 193 of the Native Title Act 1993) Determination Date: 27/05/2014 Determining Body: Federal Court of Australia ADDITIONAL INFORMATION: Not Applicable REGISTERED NATIVE TITLE BODY CORPORATE: Bularnu Waluwarra Wangkayujuru Aboriginal Corporation RNTBC Trustee Body Corporate 47 Banks Crescent Sunset Queensland 4825 Note: current contact details for the Registered Native Title Body Corporate are available from the Office of the Registrar of Indigenous Corporations www.oric.gov.au COMMON LAW HOLDER(S) OF NATIVE TITLE: 1. The native title is held by the Bularnu, Waluwarra and Wangkayujuru People described in Schedule 3 (“the native title holders”). The native title holders are the Bularnu, Waluwarra and Wangkayujuru People. The Bularnu, Waluwarra and Wangkayujuru People are the descendants of the following people, including those who have been adopted by those people or their descendants in accordance with traditional law and custom: (a) Charlie Toby and Jinnie; National Native Title Tribunal Page 1 of 20 Extract from the National Native Title Register QCD2014/009 (b) Jack Wilde; (c) Nellie Lynch; (d) George (Snr) Catchinda; (e) Derby Daylight; or (f) Pipalkarinya. MATTERS DETERMINED: THE COURT DETERMINES THAT: 1. The Determination Area is the land and waters described in Schedule 1, and depicted in the plans attached to Schedule 1. 2. Native title exists in relation to those parts of the Determination Area described in Part 1 and Part 2 of Schedule 1. 3. The native title is held by the Bularnu, Waluwarra and Wangkayujuru People described in Schedule 3 (“the native title holders”). 4. Subject to paragraphs 8, 9 and 10 below the nature and extent of the native title rights and interests in relation to the land and waters described in Part 1 of Schedule 1 are: (a) other than in relation to Water, the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others; and (b) in relation to Water, the non-exclusive rights to: (i) hunt, fish and gather from the Water of the area; (ii) take and use the Natural Resources of the Water in the area; and (iii) take and use the Water of the area, for personal, domestic and non-commercial communal purposes. 5. Subject to paragraphs 8, 9 and 10 below, the nature and extent of the native title rights and interests in relation to the land and waters described in Part 2 of Schedule 1 are the non-exclusive rights to: (a) access, be present on, move about on and travel over the area; (b) camp on the area and for that purpose, build temporary shelters; (c) hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes; (d) take, use, share and exchange Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes; (e) take and use the Water of the area for personal, domestic and non-commercial communal purposes; (f) conduct spiritual, cultural and religious activities and ceremonies on the area; National Native Title Tribunal Page 2 of 20 Extract from the National Native Title Register QCD2014/009 (g) be buried and bury native title holders within the area; (h) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from harm; (i) teach on the area the physical and spiritual attributes of the area; (j) hold meetings on the area; (k) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and (l) be accompanied on to the Determination Area by the Indjalandji-Dhidhanu law men who, though not native title holders, are people required by traditional law and custom for the performance of ceremonies related to the bushfire dreaming story on the Determination Area. 6. The native title rights and interests are subject to and exercisable in accordance with: (a) the Laws of the State and the Commonwealth; (b) the traditional laws acknowledged and traditional customs observed by the native title holders; and (c) the terms and conditions of the agreements referred to in paragraph 1 of Schedule 4. 7. The native title rights and interests referred to in paragraph 7 do not confer possession, occupation, use or enjoyment to the exclusion of all others. 8. There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld). 9. The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 4. 10. The relationship between the native title rights and interests described in paragraph 6 and paragraph 7 and the other interests described in Schedule 4 (the “other interests”) is that: (a) the other interests continue to have effect, and the rights conferred by or held under the other interests may be exercised notwithstanding the existence of the native title rights and interests; (b) to the extent the other interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the other interests to the extent of the inconsistency for so long as the other interests exist; and (c) the other interests and any activity that is required or permitted by or under, and done in accordance with, the other interests, prevail over the native title rights and interests and any exercise of the native title rights and interests but do not extinguish them except in accordance with law. DEFINITIONS AND INTERPRETATION 11. In this determination, unless the contrary intention appears: “External Boundary” means the boundary described in Schedule 5; “land” and “waters”, respectively, have the same meanings as in the Native Title Act 1993 (Cth); “Laws of the State and the Commonwealth” means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws; “Natural Resources” means: (a) any animal, plant, fish and bird life found on or in the lands and waters of the Determination Area; and National Native Title Tribunal Page 3 of 20 Extract from the National Native Title Register QCD2014/009 (b) any clays, soil, sand, gravel or rock found on or below the surface of the Determination Area, that have traditionally been taken and used by the native title holders, but does not include: (a) animals that are the private personal property of another; (b) crops that are the private personal property of another; and (c) minerals as defined in the Mineral Resources Act 1989 (Qld) or petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld); “Water” means: (a) water which flows, whether permanently or intermittently, within a river, creek or stream; (b) any natural collection of water, whether permanent or intermittent. Other words and expressions used in this Determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth). PRESCRIBED BODY CORPORATE 12. The native title is held in trust by the Bularnu Waluwarra Wangkayujuru Aboriginal Corporation (ICN 7666), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). 13. The Bularnu Waluwarra Wangkayujuru Aboriginal Corporation (ICN 7666) is to: (a) be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and (b) perform the functions mentioned in s57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate. 1. Schedule 1 — DETERMINATION AREA A. Description of Determination Area The Determination Area comprises all of the land and waters within the External Boundary described in Parts 1 and 2 below, and depicted in the Determination Plan AP20081 and AP20082, excluding the areas described in Schedule 2. Part 1 – Exclusive Areas, depicted in blue on the Determination Plan AP20081: Area Description Lot on Determination Plan 1. Lot 1 on Plan CT5 Lot 6 on AP20081 Part 2 – Non-Exclusive Areas, depicted in blue on the Determination plans AP20081 and AP20082: National Native Title Tribunal Page 4 of 20 Extract from the National Native Title Register QCD2014/009 Area Description Lot on Plan 1. Lot 3 on PU17 (referred to as Thorner Station) Part of Lot 5 on AP20081 2. Lot 6 on PU13 (Racecourse Reserve) Part of Lot 5 on AP20081 3. Lot 8 on SP135892 (Camping and Water Reserve) Part of Lot 5 on AP20081 4. Part of Lot 3 on SP117500 (referred to as Ardmore) Part of Lot 5 on AP20081 5. Part of Lot 4 on SP117500 (referred to as Mungerabah) Part of Lot 5 on AP20081 6. Lot 1 on WA10 (Bore Reserve) Part of Lot 5 on AP20081 7. Lot 9 on PU839944 (referred to as Headingly) Part of Lot 5 on AP20081 8. Lot 1857 on PH1803 (referred to as Oban) Part of Lot 5 on AP20081 9.
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